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(영문) 서울고등법원 2016.06.14 2016노699
성폭력범죄의처벌등에관한특례법위반(특수강간)등
Text

Defendant

In addition, all appeals filed by the respondent for attachment order and the prosecutor are dismissed.

Reasons

The summary of the grounds for appeal is unreasonable because the punishment (the maximum of four years of imprisonment and the short of three years of imprisonment) imposed by the court below on the defendant and the person who requested an attachment order (hereinafter referred to as "defendant") is too unreasonable.

The sentence imposed by the court below against the defendant in the case of the prosecutor's defendant is too uneasible and unfair.

The court below's dismissal of the defendant's request for attachment order is unfair since the defendant's request for attachment order risks again preventing sexual crimes.

The following are the circumstances: (a) the Defendant’s judgment on the instant case recognized that all of the instant offenses were committed, and the Defendant committed a crime against the Victim F in a dynamic manner while drinking alcohol; (b) the Defendant appears to have committed a crime against the Victim F; (c) the degree of injury to the Victim L was not significantly significant; and (d) the Defendant was a juvenile who was under the age of 17 years and was under the juvenile protective disposition several times, but there was no record of criminal punishment.

On the other hand, the crime of this case is an unfavorable circumstance against the defendant, such as: (a) the defendant committed an indecent act by force against the victim F who was drinking together in the park; (b) the defendant committed sexual intercourse with the victim by force at the house of the line between the behaviors; (c) in collaboration with the co-defendant B of the court below; (d) rapes the victim; and (e) inflicting bodily and mental harm upon the victim; (c) the crime of this case is very heavy; and (d) the victims have suffered considerable physical and mental suffering due to the crime of this case; and (e) the victim F seems to have suffered a significant mental impulse; and (e) the defendant has not yet received a written prescription from the victims.

Since the above circumstances and all of the sentencing conditions shown in the argument of the instant case, including the character, conduct and environment of the Defendant, are juveniles prescribed by the Juvenile Act, the sentencing guidelines do not apply.

In full view of the above, the sentence imposed by the court below is too heavy.

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